MN PCT Applicant’s Guide – National Phase – National Chapter – MN Page 1 (23 July 2018) INTELLECTUAL PROPERTY OFFICE OF MONGOLIA AS DESIGNATED (OR ELECTED) OFFICE CONTENTS THE ENTRY INTO THE NATIONAL PHASE — SUMMARY THE PROCEDURE IN THE NATIONAL PHASE ANNEXES Fees ............................................................... Annex MN.I National processing application form ...................................... Annex MN.II Inventor’s declaration .................................................. Annex MN.III Assignment deed ..................................................... Annex MN.IV Power of attorney ..................................................... Annex MN.V List of abbreviations: Office: Intellectual Property Office of Mongolia MPL: Mongolian Patent Law MPR: Regulations on the Drafting, Filing and Processing of an Application for a Patent for Invention
Transcript
MN
PCT Applicant’s Guide – National Phase – National Chapter – MN Page 1
MPR: Regulations on the Drafting, Filing and Processing of an Application for a Patent for Invention
MN
PCT Applicant’s Guide – National Phase – National Chapter – MN Page 3
(23 July 2018)
SUMMARY Designated (or elected) Office
SUMMARY
MN
INTELLECTUAL PROPERTY OFFICE OF
MONGOLIA
MN
Summary of requirements for entry into the national phase
Time limits applicable for entry into the national phase:
Under PCT Article 22(3): 31 months from the priority date
Under PCT Article 39(1)(b): 31 months from the priority date
Translation of international application required into:
1 Mongolian
Required contents of the translation for entry into the national phase:
1
Under PCT Article 22: Description, claims (if amended, both as originally filed and as amended, together with any statement under PCT Article 19), any text matter of drawings, abstract
Under PCT Article 39(1): Description, claims, any text matter of drawings, abstract (if any of those parts has been amended, both as originally filed and as amended by the annexes to the international preliminary examination report)
Is a copy of the international application required? No
National fee:2 Currency: Mongolian tugrik (MNT)
Annual fee for the period from the 1
st to the 3
rd year:
3 MNT 10,000
Exemptions, reductions or refunds of the national fee: None
Special requirements of the Office (PCT Rule 51bis):
2, 4
Name and address of the inventor if they have not been furnished in the “Request” part of the international application
5
Appointment of an agent if the applicant is not resident in Mongolia
Inventor’s declaration5
Assignment deed where the applicant is not the inventor5
Who can act as agent? Any natural or legal person resident in Mongolia, registered to practice as a patent agent before the Office
Does the Office accept requests for restoration of the right of priority (PCT Rule 49ter.2)?
Yes, please refer to the Office for the applicable criteria and/or any fee payable for such requests
______________ 1 If not already complied with within the time limit applicable under PCT Article 22 or 39(1), the Office will invite the applicant to
furnish a complete translation within two months from the date of the invitation. 2 If not already complied with within the time limit applicable under PCT Article 22 or 39(1), the Office will invite the applicant to
comply with the requirements within a time limit fixed in the invitation. 3 Due to the new time limit applicable under PCT Article 22, the Office should be consulted for the time limit applicable for the
payment of this fee. 4 The list of special requirements is still subject to confirmation by the Office.
5 This requirement may be satisfied if the corresponding declaration has been made in accordance with PCT Rule 4.17.
MN
PCT Applicant’s Guide – National Phase – National Chapter – MN Page 5
(23 July 2018)
THE PROCEDURE IN THE NATIONAL PHASE
MPR Rule 1.2 MN.01 FORM FOR ENTERING THE NATIONAL PHASE. The Office has available a
special form for entering the national phase (see Annex MN.II). This form should preferably
(but need not) be used.
MN.02 TRANSLATION (CORRECTION). Errors in the translation of the international
application can be corrected with reference to the text of the international application as filed
(see National Phase, paragraphs 6.002 and 6.003). If the translation furnished to the Office
contains only the description, the Office will invite the applicant to furnish the missing part and
will excuse the late furnishing provided that the scope of the disclosure contained in the
translation furnished to the Office is not broadened thereby.
MPL Art. 24 MN.03 FEES (MANNER OF PAYMENT). The manner of payment of the fees indicated in
the Summary and in this Chapter is outlined in Annex MN.I.
MPL Art 6(5) MN.04 INVENTOR’S DECLARATION. For details, see the model of such declaration in
Annex MN.III. Legalization is not required.
MPL Art. 6(5) MN.05 ASSIGNMENT DEED. For details, see the model of such deed in Annex MN.IV.
Legalization is not required. If the applicant has obtained the right to file the international
application through the intermediary of one or more other persons and not directly from the
inventor, the assignment deed linking the inventor and the applicant must be produced.
MPL Art. 6(5) 7
MN.06 POWER OF ATTORNEY. An agent must be appointed by power of attorney. A
model is given in Annex MN.V.
MPL Art. 24 25
MN.07 FEE FOR GRANT. The fee for grant must be paid within six months after receipt
by the applicant of the decision to grant the patent. Where the applicant fails to pay the fee
within that time limit, he can make this payment, together with a 100% surcharge for late
payment, within six months from the date of the expiration of the above-mentioned time limit.
The amount of the said fee is indicated in Annex MN.I.
PCT Art. 28 41 MPL Art. 10(3), (4)
MN.08 AMENDMENT OF THE APPLICATION; TIME LIMITS. Within three months
after entry into the national phase, the applicant has the right to amend or correct the description,
claims or drawings on his own initiative, without paying any fee for that purpose, provided that
the amendments or corrections do not modify the subject matter of the claimed invention or
utility model beyond the original disclosure.
MPL Art. 25(2), (3) MN.09 ANNUAL FEES. Fees for the maintenance of a patent must be paid for fixed periods
as indicated in Annex MN I. The maintenance fees for the first three years must be paid within
six months from the date when the decision to grant the patent was made. The fees for the
subsequent periods must be paid during the six months prior to the commencement of those
periods. If no payment is made in time, it can still be made within six months from the date of
expiration of the time limit, together with a 100% surcharge for late payment. The amounts of
the annual fees are indicated in Annex MN I.
PCT Art. 23(2) MN.10 EARLY START OF NATIONAL PHASE. If the applicant wishes the examination
of his application by the Office to start earlier than the expiration of the time limit applicable
under PCT Article 22 or 39(1), he can file an express request in writing therefor.
MN
Page 6 PCT Applicant’s Guide – National Phase – National Chapter – MN
(23 July 2018)
PCT Rule 49bis.1 (a), (b) 76.5
MN.11 UTILITY MODEL. If the applicant wishes to obtain a utility model registration on
the basis of an international application instead of a patent, the applicant, when performing the
acts referred to in Article 22 or 39, shall so indicate to the Office.
MPL Art. 13(1) MN.12 If the international application is for a utility model instead of a patent, the
requirements are basically the same as for a patent.
PCT Art. 25 PCT Rule 51
MN.13 REVIEW UNDER ARTICLE 25 OF THE PCT. The applicable procedure is
outlined in paragraphs 6.018 to 6.021 of the National Phase. If, upon review under
PCT Article 25, the Office denies an error or omission on the part of the receiving Office or the
International Bureau, an appeal against this decision may be lodged within two months from the
date of receipt of the decision.
PCT Art. 24(2) 48(2) PCT Rule 82bis
MN.14 EXCUSE OF DELAYS IN MEETING TIME LIMITS. Reference is made to
paragraphs 6.022 to 6.027 of the National Phase. Restoration of rights may be requested where
the applicant has failed to observe a time limit during the international phase or before the
Office. A request to waive the requirement which was not observed is also possible. Any such
request must state the reasons for missing the time limit or for the failure to observe a
requirement and must be accompanied by evidence in support of the statements made.
MN
PCT Applicant’s Guide – National Phase – National Chapter – MN Annex MN.I
Зохиогчийн баталгаа (Inventor's declaration) Доор гарын үсэг зурсан би I the under signed .....................................................................................................................
with domicile ................................................................... and address ...............................................................................................................
